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Religious Questions

What happens to gifts exchanged between the man and the woman after divorce? The Grand Ayatollah Sistani’s answer

SHAFAQNA – The Grand Ayatollah Sistani answered a question about what happens to gifts exchanged between the man and the woman as well as items given in trust to each other after the divorce.

Question: A husband and wife who have given gifts to each other and have given items in trust to each other; what happens to these after the divorce?

The Grand Ayatollah Sistani: Items given in trust must be returned to the owner; and if the person gives a gift cannot reclaim it, if it has been given with the intention of approaching God; or given to relatives; or the person who has received it has given something in exchange with or without condition; or the gift has been given to a third person; or changes have occurred in the gift, for example painting the house or cutting the cloth for sewing. But apart from the mentioned cases, can reclaim for example the clothes which has been worn, or the carpet which has been used; so if the gift is reclaimed but now there is a fault with it, cannot ask for compensation; and if other things have come out of it like the animal gives birth, or things attached which can be separated like the wool on the sheep, or the fruits on the tree, and these belong to the person who has received the gift, and if there are lots of attached things which cannot be separated like the growth of the animal, or the height of the tree which depend on the eye.

Source: PERSIAN SHAFAQNA

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